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The Court of Queen's Bench Surrogate Practice Act

C.C.S.M. c. C290

The Court of Queen's Bench Surrogate Practice Act

1 Definitions
2 Interpretation
3(1) Repealed
(2) Preservation of documents
4 Deputy registrars to report to registrar
5 Officers not to take fees
6 Jurisdiction
7(1) Administration not granted to non-residents
(2) Security for probate granted to non-resident of Canada
(3) Application to resealing
8 Where probate or administration granted
9 Judges executor, etc.
10 General effect of grant
11(1) Production of testamentary documents
(2) Examination of persons touching documents
(3) Liability of persons to orders
12 Limited grant of administration
13(1) Probate to trust company alone
(2) Probate to trust company jointly with others
(3) Power of trust company
(4) Grant of administration to trust company
(5) Officer of trust authorized to act
14 General power of court to appoint
15 Party applying not next of kin
16(1) Temporary administration
(2) Security
17 Administration pending litigation
18 Consequence of renouncing probate
19 Citation to prove or renounce
20 Consequences of failure to prove will
21 Where infant sole executor
22(1) Application and proofs required
(2) Evidence as to validity and execution
(3) Evidence of witness
(4) Where witness not available
(5) Evidence as to holograph will
(6) Probating notarial will
23 Affidavit sufficient for jurisdiction
24(1) Filing inventory
(2) Property discovered after grant
(3) Inventory upon limited grant
25(1) Bond of administrator
(2) More than one bond
(3) Amount of bond
(4) Dispensing with bond and sureties
(5) Where no sureties required
(6) Where only one surety required
(7) Bond of surety company
(8) Deposit of money or securities
26 Reducing bond
27 Assignment of bond
28 Accounting under oaths and bonds
29(1) New or additional security
(2) Application
30(1) Substitution of security
(2) Application
31 Cancellation of security
32 Transmission of application to registrar
33 Wills and bonds not transmitted
34 Inquiry by registrar
35 Certificate of registrar
36 No grant without certificate of registrar
37(1) Application to more than one judicial centre
(2) Costs
(3) Decision final
38 Caveats lodged
39 Notice of caveats
40 Notice of contentious matters
41 Accounting by executor
42 Accounts of guardians
43(1) Jurisdiction on passing accounts
(2) Notice of accounting
(3) Notice where infant or incompetent person affected
(4) Appointment of expert to assist
44 Accounting at request of person interested
45 Order for payment of money
46 Effect of accounting in court
47(1) Summary administration of small estates
(2) Payment of claim by Minister of Finance
(3) Application of certain provisions excluded
48(1) Receiving foreign grants
(2) Certified copy of grants
(3) Translation of testamentary documents
(4) Letters of verification a probate
49 Security required
50 Application of section 48
51 On administration executor not to act
52 Proceedings continued regardless of revocation
53 Certified copies
54 Certificates of search
55 Appointment of Public Guardian and Trustee to act in estate
56 and 57 Repealed